COMMITTEE OF PRIVILEGES (COUNSEL)

The Minister for Law (Mr E.W. Barker): Mr Deputy Speaker, Sir, I beg to move the Motion* standing in my name as it appears in item 5 on the Order Paper.

*The Motion reads as follows:

That this Parliament takes note of the Special Report of the Committee of Privileges contained in Paper Parl. 4 of 1986 and resolves that, in relation to the complaints made by the Minister for Foreign Affairs and Leader of the House, Mr S. Dhanabalan, on 19th March, 1986 and on 30th July, 1986 against the Member for Anson, Mr J.B. Jeyaretnam, (1) a Law Officer of the Legal Service do attend the Committee of Privileges and assist the Committee in the examination of witnesses; (2) Mr J.B. Jeyaretnam have leave to be heard by himself as counsel or by counsel if he thinks fit; and (3) the Committee have leave to hear counsel to such extent as they think fit on behalf of any other persons.

Sir, in relation to the complaints made by the Minister for Foreign Affairs and the Leader of the House on the 19th March and 30th July this year against the Member for Anson for breach of privilege, the Committee of Privileges met on Monday, the 18th August 1986, and came to certain resolutions which they have agreed to report to Parliament. These resolutions are set out in the Special Report of the Committee in Paper Parl 4 of 1986 and are as follows:

'(1) That the Committee desire the assistance of a Law Officer of the Legal Service in the examination of witnesses.

(2) That Mr J.B. Jeyaretnam have leave to be heard by himself as counsel or by counsel as he thinks fit.

(3) That the Committee have leave to hear counsel to such extent as they think fit on behalf of any other persons.' Sir, the Report of the Committee was agreed to unanimously.

Sir, I beg to move.

Question proposed.

Mr Jeyaretnam: Mr Deputy Speaker, Sir, again I am seeking clarification from the Minister for Law. I see that this motion purely relates to counsel, enabling counsel to appear before the Committee of Privileges. It is silent on the question of witnesses. I had during the proceedings in Parliament when the matters were referred to the Committee of Privileges sought an assurance that all the witnesses that I wanted called would be made available to me for cross-examination. I would like to know whether the Committee of Privileges has taken note of that and has made a resolution to make available all these witnesses for cross-examination by me. I pointed out five persons which I had mentioned before the Commissioner of the Inquiry and then I said there was Mr Glenn Knight and then there were, of course, also the two Magistrates or District Judges whose names I have mentioned. May I ask the Minister for Law if these witnesses and any others that I may ask will be made available to me for cross-examination?

Mr Barker: Mr Deputy Speaker, Sir, I cannot speak on behalf of the Committee of Privileges of which I am just one Member. There is a Committee headed by the Speaker as Chairman. There are others, including the Member for Potong Pasir. I am just one Member. But it really depends on the evidence that the Member himself would like to give. If the witnesses are relevant to what is heard, they will be called. We are not afraid of calling witnesses. But if there is no evidence, then no witnesses will be called. But the Member will not be allowed to go on a fishing expedition. I am speaking for myself. I cannot bind the Committee.

Mr Jeyaretnam: Sir, is the Minister aware of the assurance given by the Leader after he moved his motion, and when I sought clarification. I thought he said that these witnesses would be made available. And now I see that the Minister for Law seeks to say that it may be qualified and the question is completely left open. I think it is important because I have sought an assurance in this House that all these witnesses will be available to me for cross-examination, and we must have an answer to that.

Mr Barker: Once again, Sir, I am not the Committee of Privileges. I am just one Member. To be fair to the Member for Anson, we have got the Member for Potong Pasir in the Committee. These matters will be discussed in Committee and the Committee will decide after hearing evidence what witnesses are relevant, what witnesses should be called. But it is not for me to bind the hands of any Committee of Privileges of which I am only a Member. Let us come to the Committee stage where the Member can make his representations. He will be given a fair hearing.

Mr Jeyaretnam: The Minister ---

Mr Deputy Speaker: Order. Mr Jeyaretnam, this motion refers to the provision of a Law Officer and counsel for yourself. It has nothing to do with calling of witnesses. So I suggest that you stick to the terms stated in the motion.

Question put, and agreed to.

Resolved,

That this Parliament takes note of the Special Report of the Committee of Privileges contained in Paper Parl 4 of 1986 and resolves that, in relation to the complaints made by the Minister for Foreign Affairs and Leader of the House, Mr S Dhanabalan, on 19th March, 1986 and on 30th July, 1986 against the Member for Anson, Mr J B Jeyaretnam, (1) a Law Officer of the Legal Service do attend the Committee of Privileges and assist the Committee in the examination of witnesses; (2) Mr J B Jeyaretnam have leave to be heard by himself as counsel or by counsel if he thinks fit; and (3) the Committee have leave to hear counsel to such extent as they think fit on behalf of any other persons.

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